直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

When AI Invents, Thorny Questions Follow for Patent Law

August 12, 2019

Law360

As the number of patent applications related to artificial intelligence (AI) increases, questions surrounding the patentability of these inventions will need to be answered sooner rather than later. These questions include whether AI can be considered an inventor under current patent law (in the United States, patent law refers to an inventor as an “individual” and there hasn’t been a test case yet for whether a machine can legally be deemed an individual/inventor) and whether an increase in inventions created by AI will undermine patent protection for inventions created by humans. Law360 contacted Finnegan attorney Susan Tull for her thoughts.

Susan said, “With these newly filed applications, what we all thought would be a very hypothetical question for some time has now become a much more immediate issue for the patent office to have to answer.”

Under the Constitution, intellectual property protections are intended to “promote the progress of science and useful arts.” Some argue that there is an incentive for humans to work toward advancing science but there is no incentive for AI to do so. However, Susan believes that allowing patents on inventions created by AI could lead to scientists finding solutions to problems that humans have not been able to solve on their own. She said, “Somebody has to dedicate the resources, the time and the money to develop that AI. If you do not provide some reward for that intellectual and financial and time investment, what will be the incentive to develop that artificial intelligence then? I think that's an argument in favor of allowing AI to be an inventor."

Related Industries

AI, Electronics, and Information Technology

Artificial Intelligence (AI) and Machine Learning (ML)

Related Offices

Washington, DC

Related News

Commentary

Patent Strategy Could Shape Financing, Valuation and Risk in Offshore Energy Projects

June 30, 2026

Award/Ranking

Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked

May 28, 2026

Commentary

Quince Aims to Have ‘Dupe’ Evidence Shape Ugg Shoe Patent Trial

May 26, 2026

Award/Ranking

Finnegan Partner Antje Brambrink Shortlisted for Women in Business Law EMEA Award

May 13, 2026

Commentary

Justices to Side with Generic Drugmakers in Patent Spat, Attorneys Predict

May 5, 2026

Press Release

Pvtech Secures Stay of New Jersey District Court Litigation Following USPTO Institution of All 10 Ex Parte Reexamination Requests Against Patents Asserted by Jiaxing Super Lighting

April 28, 2026

Press Release

Pvtech Achieves Perfect Record at USPTO: Institution of All 10 of 10 Ex Parte Reexamination Petitions Against Patents Asserted by Jiaxing Super Lighting

April 24, 2026

Commentary

Heartflow Accuses Rival of Building Competing AI Heart Tech on Stolen Secrets

April 23, 2026

Commentary

‘Efficiency Enhancers, Not Revenue Disruptors’: Lawyers Analyse USPTO’s AI Trademark Tools

April 17, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP